AB495: Bill Text

LRB-3194/3

RCT&MGG:jrd:ks

1995 - 1996 LEGISLATURE

1995 Assembly BILL 495

July 27, 1995 - Introduced by Representatives Johnsrud, Freese, Harsdorf, Gronemus, Wirch, Goetsch, Ott, Baldus, Kreibich, Black, Huebsch, Bock, Dueholm, Carpenter, Boyle, Robson, Cullen, Meyer, Owens, Gard, Klusman and Vrakas, cosponsored by Senators Rude, Cowles, Wineke, Burke, Clausing, Schultz and Moen. Referred to Committee on Natural Resources.

AB495,1,8 An Act to renumber and amend 30.681 (1) (b), 30.681 (2) (b) and 30.681 (2) (d); to amend 23.50 (1), 23.65 (1), 144.98, 144.99 and 973.075 (5) (intro.); and to create 30.50 (3d), 30.681 (1) (b) 2., 30.681 (2) (b) 2., 30.681 (2) (d) 2., 144.78, 144.783, 144.985 and 973.075 (1) (d) of the statutes; relating to: requiring certain tank vessels to have double hulls or tug escorts, the operation of motorboats for commercial purposes under the intoxicated boating law, prohibiting open burning on vessels operated for commercial purposes, inspecting vessels and providing penalties.

Analysis by the Legislative Reference Bureau

Requiring environmental protection measures for certain tankers

Under federal law, a tank vessel of less than 5,000 gross tons that transports, or is constructed to transport, oil in bulk as cargo, that is delivered on or after January 1, 1994, and that operates in the navigable waters of the United States is required to have a double hull or a double containment system determined by the federal secretary of transportation to be as effective as a double hull for the prevention of a discharge of oil. Under federal law, an oil tank vessel that is delivered before January 1, 1994, and that does not have a double hull or approved double containment system may continue to operate in the navigable waters of the United States until January 1, 2015.

This bill prohibits a tank vessel of less than 5,000 gross tons from transporting oil or hazardous material in bulk on that part of the Mississippi River over which this state has jurisdiction from the northern boundary of the Upper Mississippi River National Wildlife and Fish Refuge to the southernmost point of the Upper Mississippi River National Wildlife and Fish Refuge in this state unless the tank vessel has a double hull or unless the tank vessel is a barge that is under escort by a tugboat.

Operating a commercial motorboat while intoxicated

Under the current intoxicated boating law, which covers the operation of all motorboats, an operator of a motorboat is in violation of that law if the person's blood alcohol concentration is 0.1% or more by weight of alcohol in the person's blood or 0.1 or more grams of alcohol in 210 liters of the person's breath. This bill changes the blood alcohol concentration for any person who is operating a commercial motorboat to 0.04% or more by weight of alcohol in the person's blood or 0.04 grams or more of alcohol in 210 liters of the person's breath. The bill defines a commercial motorboat as one that is being used to transport property or passengers for hire or that is being used by its operator to earn a livelihood or to gain a profit.

Open burning on commercial vessels

This bill generally prohibits a person from engaging in or permitting open burning on a commercial vessel in the waters of this state. A commercial vessel is a vessel that is used to transport property or persons for hire or used by its operator or owner to earn a livelihood. This bill also authorizes the department of natural resources to board and inspect vessels that are subject to certain environmental laws.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB495, s. 1 Section 1. 23.50 (1) of the statutes is amended to read:

AB495,3,2 23.50 (1) The procedure in ss. 23.50 to 23.85 applies to all actions in circuit court to recover forfeitures, penalty assessments, jail assessments, applicable weapons assessments, applicable environmental assessments, applicable wild animal protection assessments, applicable natural resources assessments, applicable fishing shelter removal assessments, applicable snowmobile registration restitution payments and applicable natural resources restitution payments for violations of ss. 77.09, 134.60, 144.421 (2), 144.422 (2), (2m) (c) and (2r), 144.783 (2), 146.20 (2) to (5), 147.021, 159.07, 159.08, 159.81, 167.10 (3) and 167.31 (2), subch. VI of ch. 77, this chapter and chs. 26 to 31 and of ch. 350, and any administrative rules promulgated thereunder, violations of rules of the Kickapoo valley governing board under s. 16.21 (7) (k) or violations of local ordinances enacted by any local authority in accordance with s. 23.33 (11) (am) or 30.77.

AB495, s. 2 Section 2. 23.65 (1) of the statutes is amended to read:

AB495,3,8 23.65 (1) When it appears to the district attorney that a violation of s. 134.60, 144.421 (2), 144.422 (2), (2m) (c) or (2r), 144.783 (2), 146.20 (2) to (5), 147.021, 159.07, 159.08 or 159.81, this chapter or ch. 26, 27, 28, 29, 30, 31 or 350, or any administrative rule promulgated pursuant thereto, has been committed the district attorney may proceed by complaint and summons.

AB495, s. 3 Section 3. 30.50 (3d) of the statutes is created to read:

AB495,3,12 30.50 (3d) "Commercial motorboat" means a motorboat while it is being operated to transport property or passengers for hire or while it is being used by its operator or owner to earn a livelihood or to gain a profit or both.

AB495, s. 4 Section 4. 30.681 (1) (b) of the statutes is renumbered 30.681 (1) (b) 1. and amended to read:

AB495,3,19 30.681 (1) (b) 1. No person may engage in the operation of a motorboat while the person has a blood alcohol concentration of 0.1% or more by weight of alcohol in his or her blood. No person may engage in the operation of a motorboat while the person has 0.1 grams or more of alcohol in 210 liters of his or her breath. This subdivision does not apply to commercial motorboats.

AB495, s. 5 Section 5. 30.681 (1) (b) 2. of the statutes is created to read:

AB495,3,25 30.681 (1) (b) 2. No person may engage in the operation of a commercial motorboat while the person has a blood alcohol concentration of 0.04% or more by weight of alcohol in his or her blood. No person may engage in the operation of a commercial motorboat while the person has 0.04 grams or more of alcohol in 210 liters of his or her breath.

AB495, s. 6 Section 6. 30.681 (2) (b) of the statutes is renumbered 30.681 (2) (b) 1. and amended to read:

AB495,4,7 30.681 (2) (b) 1. No person who has a blood alcohol concentration of 0.1% or more by weight of alcohol in his or her blood may cause injury to another person by the operation of a motorboat. No person who has 0.1 grams or more of alcohol in 210 liters of his or her breath may cause injury to another person by the operation of a motorboat. This subdivision does not apply to commercial motorboats.

AB495, s. 7 Section 7. 30.681 (2) (b) 2. of the statutes is created to read:

AB495,4,13 30.681 (2) (b) 2. No person who has a blood alcohol concentration of 0.04% or more by weight of alcohol in his or her blood may cause injury to another person by the operation of a commercial motorboat. No person who has 0.04 grams or more of alcohol in 210 liters of his or her breath may cause injury to another person by the operation of a commercial motorboat.

AB495, s. 8 Section 8. 30.681 (2) (d) of the statutes is renumbered 30.681 (2) (d) 1. and amended to read:

AB495,4,23 30.681 (2) (d) 1. In an action under this subsection for a violation of the intoxicated boating law where the defendant was operating a motorboat that is not a commercial motorboat, the defendant has a defense if he or she proves by a preponderance of the evidence that the injury would have occurred even if he or she had been exercising due care and he or she had not been under the influence of an intoxicant or did not have a blood alcohol concentration of 0.1% or more by weight of alcohol in his or her blood or 0.1 grams or more of alcohol in 210 liters of his or her breath.

AB495, s. 9 Section 9. 30.681 (2) (d) 2. of the statutes is created to read:

AB495,5,7 30.681 (2) (d) 2. In an action under this subsection for a violation of the intoxicated boating law where the defendant was operating a commercial motorboat, the defendant has a defense if he or she proves by a preponderance of the evidence that the injury would have occurred even if he or she had been exercising due care and he or she had not been under the influence of an intoxicant or did not have a blood alcohol concentration of 0.04% or more by weight of alcohol in his or her blood or 0.04 grams or more of alcohol in 210 liters of his or her breath.

AB495, s. 10 Section 10. 144.78 of the statutes is created to read:

AB495,5,10 144.78 Environmental protection requirements for tank vessels. (1) Definitions. In this section:

AB495,5,11 (a) "Discharge" has the meaning given in s. 144.76 (1) (a).

AB495,5,12 (b) "Double hull" has the meaning given in 33 CFR 157.03 (kk).

AB495,5,13 (c) "Hazardous material" has the meaning given in 46 USC 2101 (14).

AB495,5,15 (d) "Oil" means hydrocarbon, vegetable or mineral oil of any kind or in any form and includes oil mixed with wastes other than dredged spoil.

AB495,5,17 (e) "Tank vessel" means a vessel that is constructed or adapted to carry, or that carries, oil or hazardous material in bulk as cargo or cargo residue.

AB495,5,23 (2) Prohibition. (a) Except as provided in par. (b) or (c), no tank vessel of under 5,000 gross tons may transport oil or hazardous material on that part of the Mississippi River over which this state has jurisdiction from the northern boundary of the Upper Mississippi River National Wildlife and Fish Refuge to the southernmost point of the Upper Mississippi River National Wildlife and Fish Refuge in this state unless the tank vessel has a double hull.

AB495,5,25 (b) Paragraph (a) does not apply to a tank vessel when the tank vessel and its crew are in danger due to extreme weather conditions.

AB495,6,3 (c) Paragraph (a) does not apply to a self-propelled tank barge or an unmanned tank barge that is propelled by a towing vessel if the barge is under escort by a tugboat.

AB495,6,6 (3) Penalties. (a) Except as provided under par. (b), any person who owns or controls the movement of a tank vessel violating sub. (2) shall be required to forfeit not less than $5,000 nor more than $10,000.

AB495,6,10 (b) Any person who owns or controls the movement of a tank vessel violating sub. (2) and who, within 5 years before the commission of the current violation, was previously convicted of violating sub. (2) shall be fined not less than $10,000 nor more than $25,000 or imprisoned for not more than 6 months or both.

AB495,6,14 (c) In addition to any penalty under par. (a) or (b), any person who owns or controls the movement of a tank vessel violating sub. (2) from which oil or a hazardous material is discharged shall be required to forfeit triple the amount of the damage to the environment.

AB495, s. 11 Section 11. 144.783 of the statutes is created to read:

AB495,6,17 144.783 Open burning on commercial vessels. (1) Definitions. In this section:

AB495,6,19 (a) "Commercial vessel" means a vessel that is operated to transport property or passengers for hire or used by its operator or owner to earn a livelihood.